Alexandria Ocasio-Cortez (D-NY) tweeted that it was "indefensible," "embarrassing," and a "disgrace."The moderate political instinct is that if someone is angering both extremes, he must be doing something right.
And it is plausible that this Title IX regulation could yield an outcome that a majority of Americans would be comfortable with.
But as a matter of governance, it is a monstrosity.The regulation appears to grant the fundamental premise of the conservative argument on transgender athletes, while in practice also potentially ceding very little of the liberal position—all while setting up a legal showdown likely destined for the U.S.
Supreme Court that will inevitably be demagogued on partisan terms as favorable as possible to Democrats.Here is how it would work.